S T A T E O F N E W Y O R K
________________________________________________________________________
8237
2017-2018 Regular Sessions
I N A S S E M B L Y
June 2, 2017
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Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
authorizing the issuance of a license to sell liquor at retail for
consumption on the premises for premises in violation of the two
hundred foot rule if granting such license would be in the public
interest
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (f) of subdivision 7 of section 64 of the alco-
holic beverage control law, as amended by chapter 185 of the laws of
2012, is amended to read as follows:
(f) Notwithstanding the provisions of [paragraph] PARAGRAPHS (A) AND
(b) of this subdivision, the authority may issue a license pursuant to
this section for a PREMISES, LOCATED OUTSIDE OF A CITY WITH A POPULATION
OF ONE MILLION OR MORE, WHICH SHALL BE ON THE SAME STREET OR AVENUE AND
WITHIN TWO HUNDRED FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL,
CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP OR FOR A premises which
shall be within five hundred feet of three or more existing premises
licensed and operating pursuant to this section and sections
sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
article if, after consultation with the municipality or community board,
it determines that granting such license would be in the public inter-
est. Before it may issue any such license, the authority shall conduct a
hearing, upon notice to the applicant and the municipality or community
board, and shall state and file in its office its reasons therefor. The
hearing may be rescheduled, adjourned or continued, and the authority
shall give notice to the applicant and the municipality or community
board of any such rescheduled, adjourned or continued hearing. Before
the authority issues any said license, the authority or one or more of
the commissioners thereof may, in addition to the hearing required by
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11504-02-7
A. 8237 2
this paragraph, also conduct a public meeting regarding said license,
upon notice to the applicant and the municipality or community board.
The public meeting may be rescheduled, adjourned or continued, and the
authority shall give notice to the applicant and the municipality or
community board of any such rescheduled, adjourned or continued public
meeting. Notice to the municipality or community board shall mean writ-
ten notice mailed by the authority to such municipality or community
board at least fifteen days in advance of any hearing scheduled pursuant
to this paragraph. Upon the request of the authority, any municipality
or community board may waive the fifteen day notice requirement. No
premises having been granted a license pursuant to this section shall be
denied a renewal of such license upon the grounds that such premises,
LOCATED OUTSIDE OF A CITY WITH A POPULATION OF ONE MILLION OR MORE, are
ON THE SAME STREET OR AVENUE AND WITHIN TWO HUNDRED FEET OF A BUILDING
OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF
WORSHIP OR SUCH PREMISES ARE within five hundred feet of a building or
buildings wherein three or more premises are licensed and operating
pursuant to this section and sections sixty-four-a, sixty-four-b,
sixty-four-c, and/or sixty-four-d of this article.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.